It came to my attention recently that some lawyers are charging clients simply to file a charge with the Equal Employment Opportunity Commission (EEOC). As an employment lawyer with years of experience at internetlawyers.net, specializing in representing employees in discrimination and harassment cases, I found this practice concerning, to say the least. Let me share why, and what you should look for when seeking an Eeoc Lawyer.
Recently, our St. Louis office received a call that highlighted this very issue. A man we’ll call Dave had been working with a lawyer regarding a race discrimination case. This lawyer had handled Dave’s EEOC charge but explicitly stated they do not litigate cases. Their practice was limited to filing charges and attempting pre-suit settlements.
After the EEOC process, Dave was faced with a low settlement offer from his company, which he understandably wanted to reject given the strength of his case. His lawyer then advised him to seek new counsel for litigation. This led Dave to us.
Upon reviewing Dave’s situation, it became clear he had a compelling case. He presented direct evidence of discrimination – racist remarks, a Confederate flag displayed at work – and was terminated after reporting these issues to HR. This is the kind of case we take seriously.
While we are selective, given the high volume of inquiries we receive weekly, Dave’s case was one we were prepared to champion. We were ready to file a lawsuit, engage in potentially lengthy litigation, invest significant resources, navigate discovery, conduct depositions, attend mediation, counter motions to dismiss, and even proceed to trial if necessary. We believed his case had a substantial settlement value, potentially $300,000 or more.
However, we also knew that achieving a fair settlement would require litigation. Companies rarely offer substantial settlements before a lawsuit is filed and litigation is underway.
The Reality of Pre-Suit Settlements and Why You Need an EEOC Lawyer Ready to Litigate
It’s a harsh reality: companies often undervalue cases in pre-suit negotiations. A case genuinely worth $300,000 might initially be met with offers in the ballpark of $25,000. Why is this the common tactic?
(a) Desperate employees may accept low offers due to immediate financial needs.
(b) Some plaintiff-side lawyers prioritize quick, easy fees, encouraging clients to settle prematurely.
(c) Obtaining a fair settlement demands considerable time, effort, and resources.
(d) Companies leverage their financial and legal advantages, hoping to wear down plaintiffs.
True to form, Dave’s company was not offering a realistic pre-suit settlement. Perhaps they might increase it slightly, but it wouldn’t reflect the true value of his case. We explained to Dave that while the choice was his, we believed pursuing litigation was essential to achieve just compensation.
It’s crucial to understand – we are talking about genuinely strong cases here. If a case is weak, accepting a lower settlement might be reasonable. But our firm focuses on strong cases, where the evidence of discrimination is clear.
The Shocking $300 EEOC Filing Fee – And Why Reputable EEOC Lawyers Don’t Charge It
Then came the revelation from Dave that truly surprised me: his previous lawyer had charged him $300 to file the EEOC charge. Let me be frank about my reaction to this: it’s unacceptable for a reputable EEOC lawyer in a strong case.
Every week, we are contacted about hundreds of potential discrimination, retaliation, and sexual harassment cases. We decline the vast majority, over 90%, because they lack merit. Of the remaining cases we consider, do we charge individuals for the initial evaluation? Absolutely not.
And if we determine a case is strong and requires proceeding through the EEOC process, do we charge a fee for filing that EEOC charge? Never. Why? Because we believe in the case. We are prepared to litigate it. We commit to pursuing it to the fullest extent necessary to secure a just outcome for our client. If that means going to trial, we are ready.
If you have a strong case of discrimination, retaliation, or sexual harassment, you should be able to find an EEOC lawyer who will evaluate your case, file the EEOC charge, and pursue litigation without charging you upfront for these essential steps. These are services that a dedicated EEOC lawyer provides as part of their commitment to your case.
Steer Clear of Settlement Mills and Lawyers Charging for EEOC Filings
Here’s practical advice if you believe you have a strong employment case and are looking for an EEOC lawyer:
- Verify Litigation Experience: Ensure any law firm you consider actually litigates employment cases in court. Avoid “settlement mills” that only aim for quick pre-suit settlements. Research the firm online; Google can be very informative. Look for attorneys with a proven track record in court.
- Inquire About Upfront Fees, Especially for EEOC Filings: Contact your top choice EEOC lawyer or firm. If they decline, reach out to your second choice. Once a firm expresses interest, ask about upfront fees, specifically for EEOC charge filings. If they require a fee like $300 for filing an EEOC charge, consider it a red flag. Seek another firm.
- Contact Multiple Firms: Reach out to 4 or 5 EEOC lawyer firms if needed. Lawyers have varying perspectives. Some may decline your case, while others may recognize its strength and potential.
- Pay for EEOC Filing Only as a Last Resort (and Probably Don’t): Paying to file an EEOC charge should only be considered if you are facing an imminent deadline to file and are struggling to find representation otherwise. Even then, it’s a questionable practice.
Remember this crucial point: An EEOC lawyer who believes in your strong case should be willing to (a) file your EEOC charge without a separate fee and (b) be prepared to litigate your case to achieve fair compensation. Your focus should be on finding an EEOC lawyer who works on a contingency fee basis, meaning they only get paid if you win or settle your case. This aligns their interests with yours and demonstrates their confidence in your case’s merit.
Jonathan Pollard is an employment lawyer and the founder of Pollard PLLC. Pollard and his colleagues have litigated, arbitrated, or mediated hundreds of employment cases. The firm routinely represents clients in discrimination, retaliation, sexual harassment, and sexual assault cases. Pollard and his colleagues have been honored by Super Lawyers and ranked by Chambers & Partners. The firm has offices in Fort Lauderdale, Miami, and St. Louis. The firm’s main office can be reached at 954-332-2380.
